11th Circ. Asked To Revive Dead Smokers' Engle Suits

Law360, New York (April 24, 2013, 7:09 PM EDT) -- Tobacco plaintiffs told the Eleventh Circuit on Wednesday that a Florida federal court improperly dumped more than 500 Engle progeny suits mistakenly filed as personal injury suits naming deceased former smokers as plaintiffs without allowing them to be amended as wrongful death suits naming surviving family members.

In an opening brief to the Eleventh Circuit, the plaintiffs argue that the Florida federal court acknowledged that there was no clear controlling authority requiring the dismissal with prejudice of 521 progeny cases filed against tobacco giants Philip Morris...